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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111544
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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CJ, I just learned yesterday that mine and my wife's

Customer Question

CJ,
JA: Thanks. Can you give me any more details about your issue?
Customer: I just learned yesterday that mine and my wife's marriage councilor, advised my wife to take out another bank account separate from our joint. It is a very long story, but after I found out I wanted to talk about it. My wife said that she wouldn't with out a 3rd party mediator. I called my marriage counselor to set something up, for two days later. Meanwhile my wife decides to take out a Domestic Abuse Order For Protection on me, which was dropped 15 days later, because I was willing to go to trial, as there had never been any evidence verbally, or physical hart to her, she wasnt too happy when it was thrown out. Anyway the night I received the OFP, was the same night that we had set up to meet the marriage counselor. My wife left with the kids, so I kept the session that we already had lined up. The marriage counselor acted like she had no idea about any of the things that were going on, including the "secret bank account". I go on to have 5 more sessions with her between 11/18/15-12/30/15. I stopped going when I felt like she was giving some bad advice. Anyway I just found out yesterday that that Marriage Counselor told my wife to take it out, and my wife said that in-front of my lawyer, her lawyer, and two custody evaluates. Is there grounds for legal action in the State of Minnesota?? I believe that she was negligent, and demonstrating malicious behavior in her profession.
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Submitted: 8 months ago.
Category: Family Law
Customer: replied 8 months ago.
Again, all of this just came to light for me yesterday. I see on a few forums that this sounds like a classic case misrepresentation. Suggesting to my wife, when we were having some very difficult times, that she take out the bank account to be hidden from me. When I find it, my wife gets herself scared, files the OFP. Not once, did this Counselor suggest that she had any idea that of what was going on when she was with me one on one. We started to see her together in 2014, and then for awhile we saw her separate, and then together again, so it wasn't "one person's counselor, it was both of ours, and she picked sides, and made some terrible advice. The counselor even (under my request) made a printout of 4 sessions she and I did together, after my took out the OFP. This printout only states that she and I met.
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The councilor could be guilty of malpractice if she was advising both of you and she took sides in advising your wife to separate funds. It is not illegal for your wife to open her own account and also any joint accounts it is not illegal for her to take money from those accounts. What is potentially malpractice as a breach of duty to you as a patient, is a councilor who is advising both you and your wife to advise one to take an action adverse to the other party and for that you could seek to sue the councilor for that bias and breach of her duty to you.

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